Policy updated May 20, 2018

Who are we?

Healthy. Happy. Smart. — https://healthyhappysmart.com — Contact: kelly@healthyhappysmart.com

What personal data do we collect and why?

We collect information from you when you place an order through our site, sign up for a mobile application in iTunes or Google Play or subscribe to our newsletter. When ordering or registering on our site or in the app store (google play or iTunes), as appropriate, you may be asked to enter your: name and/or e-mail address. You may, however, visit our site anonymously. All personal information you provide us with or that we obtain will be handled by Healthy.Happy.Smart. and we will be responsible for the secure storage of your personal information. We will collect details such as contact name and email address and this information is obtained automatically through forms annotated on www.healthyhappysmart.com and inside our Apple or Google Play mobile device applications. All other information such as payment details is not collected by our company and we are therefore not responsible for the security of such information. Payment information is processed and stored using a third party company. For purchases made on the site, we use Stripe (www.stripe.com) or PayPal (www.PayPal.com). For mobile application purchases, they are either made through the iTunes or Google Play stores respecitvely. Some of our mobile apps may be purchased through our site using a third party payment processor – Stripe (www.stripe.com) or PayPal (www.PayPal.com).

For current meal plan mobile applications we store any/all info you provide such as:
– email, first name, age, weight: so that we can provide the most effective meal plan
– favorited recipes, selected shopping ingredients, replacement recipes: as part of regular app use
– this data is saved indefinitely unless a user asks us to delete it
– we use Google Analytics to determine what features of the app are most helpful & what we can improve on
For other mobile applications (17 Day Diet Complete, 17 Day Diet Meal Plan, 3 Day Diet) we do not store any user data
– we use Google Analytics to determine what features of the app are most helpful & what we can improve on

The information you provide is only available to Healthy. Happy. Smart. and will not be shared with any other third parties within the USA or Internationally. You have the right to inspect the information held about you. You always have the right to request that Healthy. Happy. Smart. deletes or corrects the information held about you. If you wish to alter, access or remove or complain about breaches please contact us on kelly@healthyhappysmart.com. By visiting this website and purchasing products of Healthy. Happy. Smart – you agree to our conditions.

What do we use your information for? 

Any of the information we collect from you may be used in one of the following ways:

  • To personalize your experience (your information helps us to better respond to your individual needs)
  • To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)
  • To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
  • To process transactions (Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.)
  • To administer a contest, promotion, survey or other site feature
  • To send periodic emails (With your permission, we may send you emails about diet info, new products and other updates.)

The email address you provide for order processing may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.

Note: If at any time you would like to unsubscribe from receiving future emails you simply have to click the unsubscribe link at the bottom of any email we send. GetResponse will then take you through the simple unsubscribe process.

How do you get my consent? 
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent? 
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at kelly@healthyhappysmart.com

DISCLOSURE:

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Links 
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

AGE OF CONSENT

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at kelly@healthyhappysmart.com

 

DO WE USE COOKIES?

Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information

We use cookies to compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

The first type of cookie commonly used is “Session Cookies”. During the time you visit the website, our web server assigns your browser a unique identifier string so as not to confuse you with other visitors. A “Session Cookie” is never stored permanently on your computer and disappears when you close your browser. To use www.healthyhappysmart.com without troubles you need to have cookies enabled.

The second type of cookie saves a file permanently on your computer. This type of cookie is used to track how visitors move around on the website. This is only used to offer visitors better services and support. The text files can be deleted. On this website we use this type of cookie to keep track of your shopping cart and to keep statistics of our visitors. The information stored on your computer is only a unique number, without any connection to personal information.

Additional Information

Healthy. Happy. Smart. reserves the right to amend any information, including but not limited to prices, technical specifications, terms of purchase and product offerings without prior notice.

Do we disclose any information to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third party links

Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

California Online Privacy Protection Act Compliance

Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.

Childrens Online Privacy Protection Act Compliance

We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.

Terms and Conditions

Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website here.

Your Consent

By using our site, you consent to our online privacy policy.

NOTE FOR: The Residents of the European Economic Area

    1. If you elect not to provide personal data –You may choose not to provide Healthy.Happy.Smart. with your Personal Data. However, if you choose not to provide your Personal Data, you may not be able to enjoy the full range of Services.
    2. How to exercise your rights – Healthy.Happy.Smart. takes steps to keep your Personal Data accurate and up to date. If you reside in the European Economic Area, you have certain rights to the Personal Data that we have collected about you. To exercise your rights to your Personal Data, please contact us at the address listed below. Subject to applicable law and in exceptional circumstances only, we may charge for this service and we will respond to reasonable requests as soon as practicable, and in any event, within the time limits prescribed by law.
    3. You have the following rights:
  • Right of access to your Personal Data (Art. 15 GDPR): You have the right to ask us for confirmation on whether we are processing your Personal Data, and access to the Personal Data and related information on that processing (e.g., the purposes of the processing, or the categories of Personal Data involved).
  • Right to correction (Art. 16 GDPR): You have the right to have your Personal Data corrected, as permitted by law.
  • Right to erasure (Art. 17 GDPR): You have the right to ask us to delete your Personal Data, as permitted by law. This right may be exercised among other things: (i) when your Personal Data is no longer necessary for the purposes for which it was collected or otherwise processed; (ii) when you withdraw consent on which processing is based according to Art. 6 (1) (a) or Art. 9 (2) (a) GDPR and where there is no other legal ground for processing; (iii) when you object to processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or when you object to the processing pursuant to Art. 21 (2) GDPR; or, (iv) when your Personal Data has been unlawfully processed.
  • Right to restriction of processing (Art. 18 GDPR): You have the right to request the limiting of our processing under limited circumstances, including: when the accuracy of your Personal Data is contested; when the processing is unlawful and you oppose the erasure of your Personal Data and request the restriction of the use of your Personal Data instead; or when you have objected to processing pursuant to Art. 21 (1) GDPR pending the verification whether the legitimate grounds of Healthy.Happy.Smart. override your grounds.
  • Right to data portability (Art. 20 GDPR): You have the right to receive the Personal Data that you have provided to us, in a structured, commonly used and machine-readable format, and you have the right to transmit that information to another controller, including to have it transmitted directly, where technically feasible.
  • Right to object (Art. 21 GDPR): You have the right to object to our processing of your Personal Data, as permitted by law. This right is limited to processing based on Art. 6 (1) (e) or (f) GDPR, and includes profiling based on those provisions, and processing for direct marketing purposes. After which, we will no longer process your Personal Data unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
  • How we may disclose your Personal Data The GDPR and national laws of European Union member states implementing the Regulation permit the sharing of Personal Data relating to users who are residents of the European Economic Area with third parties only under certain circumstances. If you reside in the European Economic Area, we will only share your Personal Data as described in our Privacy Policy under the heading “How We Disclose Personal Data” if we are permitted to do so under applicable European and national data protection laws and regulations.
  • Marketing communications – Where we are legally required to do so, we ask you for your prior consent before providing you with promotional materials or information. When required by local law, when marketing consent is obtained, in order to verify your consent. You may revoke your consent at any time (this will not affect the processing of your Personal Data undertaken until the revocation). If you want to stop receiving promotional materials, etc., you can do so at any time as outlined above by contacting us, or hitting the unsubscribe button in any of our emails you recieve.

Additional use of Personal Data – Additional use of your Personal Data that is not described in this Privacy Policy will only take place as required by statute or when we have obtained your consent.

Legal Basis for Processing under the GDPR

  1. In this section we provide information on the legal basis for our processing of your Personal Data as required by Art. 13 and 14 of the GDPR:
      • When you register for an account or interact with our Services, such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR.
      • When you communicate with us or sign up for promotional materials, we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to provide you with our promotional messages. Where we are required under applicable local law to obtain your consent for sending you marketing information, the legal basis is your consent, Art. 6(1)(a) GDPR.
      • When you participate in special activities, offers, or programs.
        • For sensitive data (health data) (including health data or biometric data) as defined in the GDPR, we process such data on the basis of your prior consent, Art. 9(2)(a) GDPR.
        • For non-sensitive Personal Data, we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to provide you with our promotional messages or to allow you to participate in our special activities, offers or programs.
      • When you engage with our online communities or advertising and we actively collect your Personal Data in this context, we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to provide you with our promotional messages.
      • When you access third party products and services and we obtain Personal Data about you from such third party sources:
        • For Personal Data that we need in order to perform the Services (e.g. if you pay for third party products through our Services), (e.g. if you pay for third party products through our Services), such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR.
        • With regard to other Personal Data, we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to enhance your experience and to improve our Services.
      • When you connect with us through social media:
        • Where we collect your consent in such case, for instance for marketing purposes, we process such data on the basis of your prior consent, Art. 6 (1) (a) GDPR.
        • Where we do not collect your consent in such case, we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is providing you with better Services and to enable you to use the full range of our Services (Art. 6 (1) (f) GDPR).
      • When we collect data from third parties or publicly-available sources:
        • For Personal Data which we need in order to perform the Services (e.g. for email verification purposes), such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR.
        • With regard to other Personal Data, we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is providing you with better Services and to enable you to use our Services more efficiently.
      • When we leverage and/or collect cookies, device IDs, Location Data, data from the environment, and other tracking technologies, we process such data on the basis of your consent, Art. 6 (1) (a) GDPR, and based on our legitimate interest, Art. 6 (1) (f) GDPR, where we do not obtain your consent and our legitimate interest is to provide you with better Services or marketing.
      • When we track you in Store, we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest in enhancing your shopping experience as well as loss or crime prevention.
      • When we use coarse location and data from sensors, we process such data for strictly necessary purposes in order to perform our Services, Art. 6 (1) (b) GDPR); and for our legitimate interest in marketing and improving our Services, Art. 6 (1) (f) GDPR).
      • When we aggregate or centralize data, such processing is either necessary for the performance of our Services, Art. 6 (1) (b) GDPR, or we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to provide you with better or customized Services and marketing.
      • When you sign up for our services that consist of social sharing and communication with others (including linking you to friends across platforms:
        • Where we collect your consent in such case, we process such data on the basis of your prior consent, Art. 6 (1) (a) GDPR.
        • Where we do not collect your consent in such case, such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR.
      • When we provide you geographically relevant Services, offers, or advertising:
        • Where we collect your consent in such case, we process such data on the basis of your prior consent, Art. 6 (1) (a) GDPR.
        • Where we do not collect your consent in such case, for such data that we need in order to perform the Services, such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR.
        • Where we do not collect your consent in such case and where we do not need such data in order to perform the Services, we process such data for our legitimate interest in offering you marketing and improving our Services, Art. 6 (1) (f) GDPR).
      • When you ask us to customize apparel, products, or Services:
        • Where we collect your consent in such case, we process such data on the basis of your prior consent, Art. 6 (1) (a) GDPR.
        • Where we do not collect your consent in such case, such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR.
      • When we disclose Personal Data to our affiliates and partners, and to our service providers and vendors:
        • Where we collect your consent in such case, we process such data on the basis of your prior consent, Art. 6 (1) (a) GDPR
        • Where we do not collect your consent in such case, such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR, or we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to provide you with better Services and marketing.
      • When we process or share Personal Data in the event of an actual or contemplated sale, we process such data for our legitimate interest in offering, maintaining, providing, and improving our Services, Art. 6 (1) (f) GDPR).
      • When we conduct analytics, we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to enhance your experience and to develop and improve our Services.
      • When we investigate suspected illegal or wrongful activity, we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to ensure compliance with legal requirements and law enforcement requests and for public safety purposes.

Right to lodge a complaint before the Data Protection Authority – We encourage you to contact us directly and allow us to work with you to address your concerns. Nevertheless, you have the right to lodge a complaint with a competent data protection supervisory authority, in particular in the EU Member State where you reside, work or the place of the alleged infringement. You have the right to do so if you consider that the processing of Personal Data relating to you infringes applicable data protection laws.

Changes to this Privacy Policy – In order to enhance our services, it might be necessary to change this Privacy Policy from time to time. We, therefore, reserve the right to modify this Privacy Policy in accordance with the applicable data protection laws. Please visit our Website from time to time for information on updates to this Privacy Policy. All updates will be changed here on this page.

How to contact us or our Privacy Office – If there are any questions regarding this privacy policy you may contact us: kelly@healthyhappysmart.com